Legal Definitions - possibilitas

Possibilitas refers to a potential future event, outcome, or state of affairs that is not certain but could reasonably occur. In legal contexts, it often relates to contingent conditions, hypothetical scenarios, or the range of potential results in a case.

• Example 1: Contractual Contingency

  A real estate purchase agreement includes a clause stating that the sale is contingent upon the buyer securing a mortgage loan within 45 days. If the buyer fails to obtain the loan, the contract may be terminated. The act of the buyer securing the loan is a possibilitas.

  Explanation: The buyer obtaining the mortgage is a potential future event. It is not guaranteed at the time the contract is signed, but it is a reasonable possibility that, if it occurs, will fulfill a condition necessary for the contract to proceed. The contract acknowledges this uncertainty by making the sale contingent upon this potential event.

• Example 2: Litigation Outcome

  During a pre-trial conference for a civil lawsuit, the judge discusses with the attorneys the possibilitas that a jury might award punitive damages if the evidence presented at trial strongly suggests malicious intent by the defendant.

  Explanation: The awarding of punitive damages is a possibilitas. It is a potential, but not certain, outcome of the trial. The judge and attorneys must consider this range of potential results when evaluating settlement options or preparing their case strategy, even though such an award is not a foregone conclusion.

• Example 3: Statutory Interpretation

  When a court is asked to interpret a new environmental regulation, the judges consider the possibilitas that the legislature intended the regulation to apply broadly to all forms of industrial pollution, even those not explicitly listed in the statute, to achieve its overarching goal of environmental protection.

  Explanation: The broad application of the regulation to unlisted pollutants is a possibilitas. It represents a potential interpretation of the law that is not explicitly stated but could reasonably align with the legislature's general intent. The court explores this potential meaning to ensure the law is applied effectively and consistently with its purpose.